The Law Society of England And Wales v Sheikh [2018] EWHC 1644 (QB) (07 June 2018)

The Law Society of England And Wales v Sheikh [2018] EWHC 1644 (QB) (07 June 2018)

The Defendant's claims in the Employment Tribunal are totally without merit, abusive, time-barred, and constitute an attempt to circumvent existing General Civil Restraint Orders. The court has both inherent and statutory jurisdiction to grant the declaratory and injunctive relief sought, and this is a paradigm case for such orders.

Citation
[2018] EWHC 1644
Parties
Claimant: The Law Society of England and Wales; Defendant: Anal Sheikh
Jurisdiction
England and Wales
Judgment Date
07 June 2018
Procedural Posture
Civil (part 8 Claim) / Final Judgment on Application for Declaratory and Injunctive Relief
Outcome
Application granted in full
Legal Topics
Vexatious Litigation, Civil Restraint Orders, Injunctive Relief, Employment Tribunal Jurisdiction, Equality Act 2010
Civil Procedure Employment Law Vexatious Litigation Civil Restraint Orders Injunctive Relief Employment Tribunal Jurisdiction Equality Act 2010

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Parties

The Law Society of England and Wales

Claimant

Anal Sheikh

Defendant

Procedural Posture

Civil (part 8 Claim) / Final Judgment on Application for Declaratory and Injunctive Relief

Legal Issues

  1. 1 Whether the Defendant's Employment Tribunal claims are totally without merit
  2. 2 Whether the court has jurisdiction to grant injunctive relief restraining further proceedings in tribunals
  3. 3 Whether the Defendant should be required to withdraw her claims in the Employment Tribunal

Ratio Decidendi

The Defendant's claims in the Employment Tribunal are totally without merit, abusive, time-barred, and constitute an attempt to circumvent existing General Civil Restraint Orders. The court has both inherent and statutory jurisdiction to grant the declaratory and injunctive relief sought, and this is a paradigm case for such orders.

Court Disposition

Application granted in full

Orders

  • Declaration that the Defendant's Employment Tribunal claims are totally without merit
  • Mandatory injunction requiring the Defendant to apply to the Employment Tribunal for dismissal of her claims upon withdrawal